House of Commons Journal Volume 2: 05 August 1641

Pages 237-239

Journal of the House of Commons: Volume 2, 1640-1643. Originally published by His Majesty's Stationery Office, London, 1802.

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Die Jovis, 5 Augusti, 1641.


Leave of Absence.

LORD Fairfaxe has Leave to go into the Country.

Symond's Petition.

Ordered, That the humble Petition of Thomas Symonds, of London Merchant, be referred to the Committee for Mr. Vassall and Mr. Chambers' Petitions: And have Power to consider of this Petition, in as full manner, as they have in respect of other Petitions referred unto them.

Zelwood Forest.

1a vice lecta est Billa, An Act for the Disafforesting of certain Manors, Lands, and Tenements, in the Forest of Zelwood, alias Froone Selwood, in the Counties of Somersett and Wilts.

Woollen Cloth.

1a vice lecta est Billa, An Act concerning the Exportation of Woollen Cloth.

Restoring Mawtle.

2da vice lecta est Billa, An Act for restoring in Blood of Walter Mawtle Esquire; and, upon Question, committed unto the Committee for Naturalizations.

Mr. Hayman, Mr. Heblethwaite, Mr. Bagshawe, Lord Falkland, Mr. Hide, and the Knights and Burgesses of Kent, are added to this Committee: And are to meet the first Tuesday, at the next Meeting after the Recess.

Walsh's Petition.

Ordered, That the Petition, preferred to the Committee for Irish Affairs, by one Walsh, against Sir Wm. Parsons; which, in regard of the great Affairs of this House, cannot be considered of by that Committee; be recommended to the Parliament in Ireland.

Letter read.

A Letter, from the Lord General to Mr. Speaker, was read.

Reformado Officers.

Sir John Hotham reports from the Committee for the King's Army, the Case of the English Reformado Officers.

Resolved, upon the Question, That those Reformado Officers, a List of whose Names shall be presented to the House by Sir Jo. Hotham, attested under his Hand, shall have a Month's Pay paid unto them by Sir Wm. Uvedale, after that the Armies shall be disbanded.

Leave of Absence.

Mr. Palmer has Leave to go into the Country.

Capt. Drake.

That the Consideration of Captain Wm. Drake be referred back to the Committee.

Officers Pay.

Resolved, upon the Question, That these Seven Gentlemen, viz. Lieutenant Colonel Moyle, Captain *, Lieutenant Philip Dutton, Lieutenant John Bowyer, Lieutenant Mich. Freeston, Captain Randall Wallinger, and Captain William Halles, shall have Seven Weeks Pay paid them, by Sir Wm. Uvedale, after the Armies shall be disbanded.

Upon the Question, whether these Gentlemen should have Two Months Pay paid them;

The House was divided.

Sir Thomas Barrington, Tellers for the Yea:
Sir John Hotham,
Sir Martin Lumley, Tellers for the Noe:
Mr. Bodevile,
With the Noes that sat - 67.
With the Yeas that went forth. 57.

Letters to Northumberland, &c.

Three Letters from Mr. Speaker to the Commissioners for the Counties of Northumberland, Bishoprick of Durham, and Town of Newcastle, were read; and ordered to be signed by Mr. Speaker; and to be sent to the Places aforesaid.


Poll-money, 4to Augusti, 1641. £.
London, - - - - - - 260
Middlesex, - - - - - 980
Essex, - - - - - - 1,160

Portesmouth Garison.

There was a Motion, that the Necessities of the Garison of Portesmouth might be taken into Consideration, who have not received any Pay these Two Years and a half.

Conference concerning the Judges.

Sir Thomas Barrington, who, according to an Order Yesterday, went up to the Lords, to desire a Conference concerning the Judges, brings Answer;

The Lords will give a present Meeting, as is desired:

And thereupon the House went to the Conference.

Mr. Hide and Sir John Colpepper managed the Conference.

Payment by Customers.

Ordered, That the new Customers shall, To-morrow, pay in the Five thousand Pounds, Remainder of the One hundred and Fifty thousand Pounds, to the Earl of Warwicke; to be received as in Part of the Fourscore thousand Pounds of the Brotherly Assistance: And that an Acquittance under the Earl of Warwick's Hand shall be a sufficient Discharge to the said Customers for the Payment of the said Sum.

Money due from Customers.

Ordered, That the Debate of raising the Monies due from the Customers, which was interrupted by the Message, be resumed at the Return from the Conference.

Proceedings against the Judges.

A Message from the Lords, by Sir Robert Rich and Sir Edward Leech;

The Lords have taken the Matter of the last Conference into Consideration; and will do their best Endeavours, that the Names of the Judges complained of may be put out of the Commission; and that, at their best Conveniency, they would take the Impeachment into Consideration.

Custos Regni.

A Message from the Lords, by Serjeant Finch and Serjeant Glanvile;

The Lords desire a present Conference, by a Committee of both Houses, touching the Matter of the Message Yesterday concerning a Custos Regni, presently, in the Painted Chamber, if it may stand with the Conveniency of this House.

Answer returned, by the same Messengers;

This House has taken their Lordships Message into Consideration; and will give a present Meeting, as is desired.

Mr. Pym, Mr. Solicitor, Mr. Hollis, Lord Falkland, Sir Walter Erle, Sir John Colpepper, Mr. Pelham, are appointed Reporters of this Conference.

Mr. Pym reports the Conference had with the Lords, concerning a Custos Regni:

"Lord Privy Seal told them, that the Occasion of this Conference was, the Matter of a former Conference, desired by this House; wherein Two Propositions were delivered, concerning a Custos Regni; Commissioners to be appointed, in the King's Absence, to pass these Bills; 1. The Act of Treaty: 2. Any Bill for raising Money, as there shall be Occasion: 3. For Raising of Forces, for Service at Sea and Land, and to resist foreign Invasions, and Seditions * * at home; with all things necessarily incident thereunto: 4. Any Bill for Tonage and Poundage, or other Duties, upon the Exportation or Importation of Commodities: 5. Bill for the Preservation of the Mines of Salt-petre; and Making of Gunpowder, for the Defence of the Kingdom: 6. A Power to pass the Bill concerning the Eight Subsidies, given by the Clergy: A short Act to be drawn, authorizing the Passing of Bills, to be conceived upon these Heads."

"Lord Say said, that the Lords intended not to conclude this House; but that they might add what they should think necessary to be expedited in the King's Absence: And that some Course might be taken, that the Parliament might sit, that an Act might pass, to enable and confirm this Commission."

House to sit.

Ordered, That the House sit this Afternoon at Three of Clock.

Provisions in case of King's Absence.

That the Committee formerly appointed to consider what is fit to be proposed to the Consideration of the House, if the Parliament shall be sitting when the King is out of the Kingdom, do meet this Afternoon, and consider of the Matter of this last Conference with the Lords; and of the Heads proposed by the Lords; and what Heads are fit to be proposed, besides those which are now come from the Lords: And likewise, to consider of the Validity of the Commission; and what Bills are remaining here, or sent up to the Lords, that are fit to be passed before the King's going: And are to report To-morrow Morning: And are to meet this Afternoon, at Five of Clock, in the Inner Court of Wards: And the Serjeant is to give Mr. Selden Notice to attend the House this Afternoon.

Articles against Jermyn, &c.

Ordered, That the House shall sit To-morrow in the Afternoon, at Two of Clock; and then peremptorily take into Consideration the Articles against Mr. Jermyn, Mr. Piercy, and Sir Jo. Suckling, & al. and consider what Title to give them: And Captain Chudley is ordered to attend here.

Lords to sit.

Lord Cramborne went up to the Lords with this Message;

To acquaint their Lordships, that this House is resolved to sit this Afternoon, at Three of Clock; and desire their Lordships would do the like, if it may stand with their Lordships Conveniency.

Tonage and Poundage.

That Mr. Solicitor shall, To-morrow Morning, bring in a Bill for the Granting of Tonage and Poundage.


Sir Paul Pindar and Sir John Jacob were called in; and Mr. Speaker asked them, why the Sum of One hundred and Fifty thousand Pounds is not paid, according as they formerly promised in their Petition; and desired to know, whether they would bring in the Money in some convenient time.

Sir T. Dawes.

Ordered, That the Bill against Sir Thomas Dawes shall be brought in To-morrow Morning.


That the old Customers shall, upon Saturday next, peremptorily pay in the One-and-thirty thousand and odd hundred Pounds, Remainder of the One hundred and Fifty thousand Pounds, accepted from them by this House, upon their Petition.

Post Meridiem.

Leave of Absence.

SIR Christopher Hatton has Leave to go into the Country.

Sheriffs Entertainments to Judges.

There was a Declaration brought in, concerning the Entertainments given by Sheriffs to Judges: Which was read twice; and afterwards, Mr. Vaughan, Mr. Hampden, Sir Guy Palmes, and Serjeant Wilde, retired into the Committee-chamber, to review the same Declaration, and to amend it, according to the Sense of the House, expressed in the Debate of it.

Trained Bands, &c.

That the Knights, Citizens, and Burgesses of the several Counties, Cities, and Boroughs, shall meet together, and consider, what Men are fit to be Commissioners for Arms and trained Bands of the several Counties; and then present a List of their Names to the Committee for trained Bands: And they are, for this Purpose, to meet To-morrow at Two post meridiem, in the Duchy-court.


Sir Edward Hales, Mr. Morley, * Stapeley, Sir Robert Harley, Mr. Bodevile, Mr. Holland, Sir Wm. Massam, Mr. Potts, Sir Martin Lumley, * Shuttleworth, Sir Nevill Poole, Sir John Corbett, are added to the Committee for Recusants convict.

Persons to be summoned.

Ordered, That Sir Richard Minshall Knight be forthwith summoned to appear, to answer to such Matters as shall be here objected against him by *, Bailiff of the Town of Bucks.

Mr. Wm. Atton, Mr. Hudson, and Mr. Atton's Daughter, are likewise to be summoned, to be Witnesses in this Cause.

Sheriffs Entertainments to Judges, &c.

Mr. Vaughan, from the Committee, presented this Declaration following; viz.

The House of Commons, having received Complaints of the great Charge of Sheriffs of Counties, by reason of Presents, Entertainments, and other Provisions, given and made to and for the Judges, and Fees paid to their Servants, during the time of the Assizes kept; and of the like Complaints, of great Sums of Money, that Counties, Cities, Corporations, and Boroughs, through which the King passeth, are enforced to pay to his Majesty's Officers, as pretended Fees and Duties; whereas no such are due by the Laws of this Kingdom; doth hereby publish and declare, that they think it fit, that, hereafter, no such Presents, Entertainments, Provisions, or pretended Fees, or Gifts, shall be demanded, given, or paid; nor that any Sheriff hereafter shall, at the Assizes in his own County, give any Entertainment, or keep any House there, for the Gentlemen of the County, or any other, in regard of his being Sheriff, other than for his necessary Attendants: And whosoever shall do contrary to this Declaration and Vote, shall be esteemed, by this House, a Person therein giving Example inconvenient to the Publick."

Ordered, That the Knights, Citizens, and Burgesses, of the several Counties, Cities, and Boroughs, for which they serve, shall forthwith send, to the Sheriffs of the several Counties, Copies of this Declaration concerning the Judges, and Sheriffs, &c. to the end the same may be published; and that they have the same signed with the Hand of the Clerk.

Security for Money.

Mr. Capell, Sir Wm. Armyn, Mr. Peirpoint, Mr. Hen. Vane, Sir Nevill Poole, Sir Hugh Stapleton, Sir Wm. Drake, Sir Antho. Irby, Mr. Hatcher, Mr. Ha-, Mr. Cattly, Sir Rich. Buller, Sir Edward Aiscough, offer their Security for Money.

Disbanding the Armies.

Sir John Colpepper, Mr. Strode, Sir Hugh Stapleton, Mr. Capell, Sir Wm. Armyn, Mr. Carew, Mr. Pyme, Sir Hen. Vane, Sir Walt. Earle;

This Committee is to prepare Heads for a Conference to be desired with the Lords, concerning the Disbanding the Armies, upon the several Propositions here in Debate.

Arrears due to Scotland.

1a vice lecta est Billa, An Act for securing the Arrears of the Brotherly Assistance, promised to be paid unto the Scotts, upon the Publick Faith.

2da vice lecta est Billa prædicta; and, upon Question, committed unto Sir Robert Harley, Mr. Arthur Goodwin, Mr. Kirton, Sir Wm. Massam, Mr. Whitlocke, Sir Tho. Widdrington, Sir Tho. Barrington, Sir Wm. Lewis, Mr. Grimston, Sir Hen. Mildmay, Mr. Rigby, Sir Martin Lumley, Sir John Evelyn, * Boys, Mr. Robert Goodwin, Mr. Reynolds, Mr. Waller, Mr. Blackston, Mr. Heblethwaite, Serjeant Wilde, Mr. Griffith, Sir Arthur Haslerigge, Mr. Bodevile, Sir Wm. Drake, Sir Rich. Buller: And are to meet To-morrow at Seven of Clock, in the Inner Court of Wards.

Disbanding the Army.

Sir William Lewis went up to the Lords, to desire a Conference, by a Committee of both Houses, so soon as may stand with their Lordships Conveniency, concerning the Disbanding of the Armies;

Brings answer, that their Lordships will give a present Meeting, by a Committee of the whole House, in the Painted Chamber, as is desired.

Leave of Absence.

Sir Thomas Widdrington has Leave to go into the Country.

Person to be summoned.

Ordered, That Thomas Hardy, Executor to Mr. Bogland lately deceased, be summoned to be here To-morrow Morning, to answer unto such things as shall be demanded of him.

Heywood's Petition.

Ordered, That Mr. Perd, and Mr. Pelham be added to the Committee for Mr. Heywood's Petition.

Disbanding the Armies.

The same Committee, that was appointed to prepare Heads for the Conference concerning the Disbanding of the Armies, are appointed Managers of the said Conference.

Arrears due to Scotland.

Ordered, That the Commissioners of London, for the better Expedition of paying out of the Monies to the Scotts, according as they shall be hereafter ordered, shall employ some Persons, nominated by the Commissioners of Scotland, to tell and bag up such Money as shall come in, of Poll and Loan Money.

Money due to Durham, &c.

1. That the House of Commons hath received Assurance from several Members of this House, as also from divers others of the Bishoprick of Duresme, and Town of Newcastle, the Business of those Parts, that the Inhabitants of Duresme and Newcastle are very well contented to accept of the Security of this House, for the Eight-and-twenty thousand Pounds, agreed upon by the Scotch Commissaries to be due to them.

2. That, thereupon, this House hath made an Order for the Repaying of the same accordingly.

3. That, upon the like Assurance from the Knights of the County of Northumberland, this House hath ordered the Repayment of Ten thousand Two hundred Pounds, which is agreed upon by the Scotch Commissaries to be due to the Inhabitants of that County.

4. Thereupon the House expecteth, that the Scotch Commissaries will accept of those Two Sums, in Part of the Fourscore thousand Pounds, due for their Brotherly Assistance; because they declared their Consent to the Eight-and-twenty thousand Pounds; and the Ten thousand Two hundred Pounds is upon the same Ground.

That this House is contented to pay with all Speed, unto the Scotts Commissaries, the Residue of the said Fourscore thousand Pounds; which they have provided accordingly: And desire, that the Scotch Commissaries may give speedy Notice thereof unto their General: whereby he may apply himself to put the Army into a Readiness to march away, (according to their Promise) immediately upon the Receipt of the said Monies. This House desireth, they will receive so much of the said Monies here, as conveniently they can dispose of; and is ready to send the Residue to Newcastle, if they shall desire it.